207 1/2 NORTH STREET - BUILDING INSPECTION 207$ NORTH STREET
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(�iitu oftttem, CttssttclTusetts
QDZCTSION
ON THE PETITION OF HOA T. COA d/b/a ANDY' S SUPERETTE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 207 1/2 NORTH
STREET (R-2)
=. hearing on this petition was held September 11. 1996 with the
following Board Members present: Gary Barrett, Chairman; Nina Cohen,
Joseph Ywu, Richard Dionne and Paul Valaskatgis. ?;otice of the
hearing was sent to abutters and others and notices of the hearing
were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner requests a Variance to allow the sale of beer and malt in
an R-2 Zone for the property located at 207 1/2 North Street.
The Variance which has been requested may be granted upon a finding
of the Board that;
a. Special conditions and circumstances exist which especially
affect the land, building or structure involved and which are not
generally affecting other lands, buildings or structures in the same
district.
b. Literal enforcement of the provisions of the Zoning Ordinance
would involve substantial hardship,financial or otherwise, to the
petitioner.
c. Desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing, .rakes the following findings of facts :
1 . Petitioner leases and operates a convenience store at 207 1/2
North Street . He seeks a variance to enable him to sell beer and
wine at that location, if the City Licensing 3card were to grant
him a liquor -License.
Opposition to the proposal was voiced by ten neighbors, including
the ward Councillor, Sarah Hayes, on the folicwing grounds:
(a) That because the store is located at the entrance to
McGlew Park, the sale of liquor at that store :ould likely
increase drinking in the park;
(b) That traffic to the store would increase as a result of
the liquor sales with resulting inconvenience and increased
danger to neighborhood residents;
(c) That the location of a store which stocked liquor on a
school bus stop would encourage underage drinking;
(d) That the litter in the neighborhood would increase and
would likely include broken glass and beer cans , thus putting
additional burdens on the neighbors.
DECISION ON THE PETITION OF HOA T. COA d/b/a ANDY'S SUPERETTE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 207 1/2 NORTH
STREET iR-21
page two
3. No one spoke on the petitioners ' s behalf.
On the basic of the above findings of fact, and on the evidence
presented at the hearings , the Board of Appeal concludes as follows :
1 . No special conditions exist which especially affect the
subject property as opposed to the district in general .
n�
2. Literal enforcement of the Zoning Ordinance would not involve•
substantial hardship to the petitioner. -
3. Desirable relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted 0 in favor and 3 in oppositiop� `.
to the motion to grant the Variance, having failed to garner the
required votes to pass, the motion is defeated and the petition is
denied.
Variance Denied
September 11, 1996CSCr•�
/Nina Cohen
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section
17 of the Massachusetts General Laws Chapter 40A, and shall be filed
within 20 days after the date of filing of this decision in the
office of the City Clerk. Pursuant to Massachusetts General Laws
Chapter LOA,Section 11. the Variance of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the Citv Clerk that20 days have elapsed and no
appeal has been filed, or that, if such appeal has teen filed, that
is has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner' s Certificate of Title.
Board of Appeal
T,HE,„COMMONWEALTH CFfiMASSACHUSE
CITY OFtiSAL'.EM HEA4TH QE?ARTMENT-y.9 NORTH STREET, SALEM, MASS.01970
FOOD 3ESTABLIS.H,MENT INScPESCTI 10NREPORT
Establishment Name Date
e
.Address Time: In Out;F 'r .. •,OG � • .ice �� o ...
Telephone ' Type of Establishment: purpose:-
>, ,, Food Service
Owners Name Retail:Food X, Routine
l C u 'Residential Kitchen Follow-up
Person In Chargef aF
Mobile Unit
Complaint
Temporary Food Service Investigation
Insao 'o R'-.^. a Catering Other
G✓. ti
Based on an i'.' wn today the items checked below indicate tf4violated provlstorl5'of`105 CINR'590.000. Each item is
followed bythe'appficeble.sectionoftheMassachusettsregulation. Non-critical violations are marked under column"N"and
critical violations are.;marked under co-lumn'`G Descriptions of-each iterSl;appear on the Back of this form.. Each violation
checked requjkres anexplanation;on the narrative pages) Thi's,.report series-as official notice of violated provisions and
official noticeRo:correct said violations.
Food N C Sanitary Facilities N C
1. Food Supply 4 A 002 29. Water Source 015
2. Foo&Contamers 002 30; Sewage 016
31 Cross-Connections .017
Food Protection 32 ' TOiletdH'and'washing` .018 8 .019
3. PHFTemperalures 004 33. Insects/Rodents 021
4. Facilities. Hot &CoIC Storage 004 34. Plumbing .017
5. PHF Re service 006 35. Toilet Rooms .... .018
6. Spoiled/Damaged.Foods ., .003 36.' Handwashing Areas .019
7. Food,Protected,- _ 003 3,7,.• . Garbage/Refuse .020
8. Fogq-3hermometers 004. y38, Outside Disposal .020
9. Cross Contamination .:005, --39., ,_.OuterOpenings. .021
10. PHFs thawed; cooked& cooled ,.005 40 Pesticide/Rodenticide Application .021
11. ' Food,Handling -'-r` -.005; - .
12. . Dis"pensng Utensils ;_ .006 Physical Facilities
41. Floors. - ,022
Personnet' 42. Walls;Ceiling .022
13. Employee Infections :008 43. Lighting .023
14. Employee Hygiene ' - - - .009 44. Ventilation .024
15. Employee Clothing .010 45. Dressing Rooms .025
EquipmentB;Utensirs " Other
16. Equipmenl/U.tensil Clean 8"Sanitized .013 46. Toxics .026
17. . Food.Contact, .013 47. Premises .027
18. Non-Food Contact Surfaces .013 48. Living Areas .027
19. 'Food Contact Surfaces,Ciean. _ .013qg;, .,Linen - - - .027
j 20. Non-Food Contact Surfaces Clean .013 - 50. Pets .027
21. Wiping Cloths - .013 51: Bulk Foods .031
22. Dish/Warewashing Facilities- .013 52. Salad Bars .032
23. Pre-Scraped, Soaked .013
24. Wash/Rinse Water .013 No. of 13 Critical Items Violated
25. Thermometers/Test Kits .013 These items require immediate attention.
26. Equipment/Utensil Storage .014
27. Single Service Articles - _014 Received by: Inspected by -
23. Single Service Re-Use .012
FORM 734A HOBBS 6 WARREN.INC.19115
-` •� . , „� i THE;CgMMONWEALTH SOF MASSACHUSETTS
CITY OF SALEW HEALTH DEPARTMENT-- 9 NORTH STREET, SALEM, MASS. 01970
Establishment Name
Date
Address Page 'D of
Item No. In the space below describe all violations_ checked on front page.
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